No Removal of Registered Mark for Non-Renewal Without Notice; Delhi HC Rules… Yet Again
June 15, 2019Intellectual Property Rights,TrademarksRenewal,O-3 notice,High Court,Delhi,Removal,25(3)
Justice Midha, in his order dated May 28, 2019, reiterated the mandatory nature of Section 25(3) of the Trademarks Act, 1999. As we have noted before, the Registrar is obligated to send a notice regarding the expiry of validity of a mark to its proprietor, before the said expiry.
India’s Accession to WIPO Agreements – A Step Towards Knowledge Driven Economy
June 11, 2019Intellectual Property Rights,Trademarks,Industrial DesignsWIPO,Nice,Vienna,Locarno,agreement
The three WIPO Agreements have received accession from the Indian Government.[1]The three Agreements were introduced through the WIPO treaties primarily to ease the search for trademarks and industrial designs. In this arena it is significant to understand the prominence of all the three Agreements. A brief understanding of all the three Agreements are as follows:
Protection of Hashtag Trademarks – #cautionwithtrademarks
June 5, 2019Intellectual Property Rights,TrademarksInfringement,hashtag
When the use of the hashtag trademark suggests any sort of connection or link with the trademark owner or creates a likelihood or association with the trademark owner, then there maybe be grounds for infringement
What’s in a Shape – Protection of a Shape as a Design v. Trademark
May 31, 2019Intellectual Property Rights,Trademarks,Industrial DesignsPassing off,shape mark,design
One of the significant judgements from the recent time is the order of the Delhi High Court in the popular Crocs case. In an order dated March 6, 2019, the Court rejected the maintainability of a suit for passing off, in the case of a registered design. It is important to note here that the Plaintiff had brought this suit after the Court had previously rejected its previous suit for infringement of its registered design, holding that the same was invalid on the ground of prior publication
Amendments to the Canadian Trademark Law – A Glimpse
May 30, 2019Intellectual Property Rights,TrademarksTrademark Amendments,Canada
Canada has announced that the anticipated changes to the Trademarks Act will finally be coming into force on June 17, 2019. The changes are expected to simplify the domestic registration process and provide access to e international registration process administered by the World Intellectual Property Organization
Statutory Licenses And Internet Broadcasting
May 20, 2019Intellectual Property Rights,CopyrightsInfringement,Licensing,internet broadcasting,statutory license
In a recent judgement, the Bombay High Court had clarified an issue of copyright law that is likely to have an immediate impact on the rise in popularity of music streaming services.
Cadbury and Purple – to be or not to be?
May 13, 2019Intellectual Property Rights,TrademarksRegistration,Trans-Border Reputation,trade dress,Color Marks
Cadbury in 1995 filed an application to claim rights over the colour mark for the shade Pantone 2685 C. Cadbury’s 1995 (original) application was filed only for chocolates in a bar or tablet form with a description of the colour mark: “The mark consists of the colour Purple (Pantone 2685C) as shown on the form of the application, applied to the whole visible surface, or being the predominant colour applied to the whole visible surface, of the packaging of the goods.”
Pakistan IP Office announces increase in the Official Fee for filing & prosecution of Trademarks
March 22, 2019Intellectual Property Rights,Trademarks,PakistanLaw,Pakistan
The Intellectual Property Office (IPO) of Pakistan has announced that there will be an amendment to the official fee for all the procedures related to Trademarks by amending the Trademarks Rules, 2014. The amendment for the official fee was notified vide an Official notice dated March 04, 2019 and it will be entered into effect as of March 9, 2019 and constituted a massive escalation in the fee of approximately 50%.
India approves the proposal for accession to The Nice Agreement, The Vienna Agreement & The Locarno Agreement
March 14, 2019Intellectual Property Rights,Trademarks,Industrial DesignsIP India,Law,News
The accession is expected to instil confidence in foreign investors, applicants, businesses in relation to the protection of their Intellectual Property in India. The accession would also facilitate in exercising rights in decision-making processes regarding review and revision of the classifications under the agreement.
Significant changes brought about by the Indian Patent Amendment Rules, 2019
December 17, 2018Intellectual Property Rights,PatentsPatent Amendments
The following are the significant changes which were brought about by the Patent (Amendment) Rules, 2018 and subsequently published in the Official Gazette. It came into force on December 4, 2018.